The Electoral Act of 1858 No 23a (NSW)
Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :— No. XX.
An Act to amend the Electoral Law. [24th November, 1858.]
WH E R E A S it is expedient t o ' amend the Electoral Law of Most Excellent Majesty by and with the advice and consent of the New South Wales Be it therefore enacted by the Queen's
1. I n the interpretation of this Act the following words in inverted commas shall have the meanings set against them respectively unless inconsistent with or repugnant to the context:—
" Assembly"—The Legislstive Assembly of New South Wales. " Speaker"—The Speaker of the Assembly for the time being. " Election"—The Election of any Member of the Assembly.
" Eoi l"—The revised Electoral Roll of Electors entitled to voteat the Election of any Member of the Assembly.
" List"—Any unrevised Electoral List of Electors.
" Natural born subject"—Every person born in Her Majesty's
dominions or either of whose parents was so born.
" Naturalized subject"—Every person who in England is or shall be naturalized and every person made a denizen or having received a certificate under the eleventh Victoria number thirty-nine and having taken the oath required in that behalf.
2. The Electoral Act of 1851—the Act of Council eighteenth Victoria number five—the tenth eleventh twelfth thirteenth fourteenth sixteenth twentieth and twenty-seventh sections of the Constitution Act assented to by Her Majesty under the authority of the Imperial Act of Parliament eighteenth and nineteenth Victoria chapter fifty- four—shall be repealed.
3. The Assembly shall consist of eighty Members or so soon as
the University of Sydney shall be entitled to return a Member to the
Assembly of eighty-one Members.
4. The Colony shall be divided into the following Electoral
Districts :—
Argyle East Maitland Balranald West Maitland Bathurst Monaro The Bogan East Moreton Braidwood West Moreton Brisbane Morpeth The Burnett Mudgce Camden The Murray Canterbury The Murrumbidgee Carcoar Narellan The Clarence The Nepean Central Cumberland Newcastle Darling Downs New England
Eden Newtown The Glebe Northumberland Goulburn Orange The Gwydir Paddington Hartley Parramatta The Hastings The Paterson The Hawkesbury Patrick's Plains The Hume Queanbeyan The Hunter St. Leonards The Lower Hunter Shoalhaven The Upper Hunter East Sydney Illawarra West Sydney Ipswich Tenterfield Kiama The Tumut The Lachlan Wellington Leichhardt The Williams Liverpool Plains Windsor East Macquarie Wollombi West Macquarie Yass Plains 5. The Gold Fields shall also be divided into and shall constitute three several Electoral Districts under the following' names and shall severally comprise all the Gold Fields already or hereafter proclaimed within the other Electoral Districts next hereinafter set against such names respectively
^Argyle—Balranald — Braidwood — Camden—
Eden—Illawarra—Kiama—The Lachlan—
Gold Fields South ...< Monaro — The Hume—The Murray—The Murrumbidgee — Narellan—Queanbeyan — [_ Shoalhaven—The Tumut—and Yass Plains. / 'The Bogan—Carcoar—Hartley—The Hawkes-
o u r J — - ^ a s ^
G Id Fi Ids West ' Macquarie—West Macquarie— 1
' " J Mudgee—The Nepean—Orange—and Wel-
V. lington.
'"The Burnett—The Clarence—Darling Downs—
The Gwydir—The Hastings—the Hunter—The Lower Hunter—The Upper Hunter—
1 J T I . Leichhardt—Liverpool Plains—EastMoreton
n X T 1
Gold Fields North ^ , . ,i ,,
A T
1 —West Moreton—Morpeth—[Newcastle — NewEngland—Northumberland—The Pater- son — Patrick's Plains— Tenterfield — The Williams—and Wollombi.
Provided that the constituting of such Gold Fields Electoral Districts shall in no respect interfere with or affect the boundaries of any other Electoral Districts set forth in this Act nor the right of any person to vote—except as hereinafter specified within and for any such other Electoral Districts.
6. The boundaries of the said several Electoral Districts shall be deemed to be the boundaries set forth in the Schedule hereto marked A.
7. The Electoral District of West Sydney shall return four Members and of East Sydney four Members The Electoral Districts of Camden—Canterbury—Central Cumberland—Darling Downs—The Hawkesbury—East Macquarie—and Parramatta shall respectively return two Members And all the other Electoral Districts shall respectively return one Member to serve in the Assembly.
8. Every male subject of Her Majesty of the full age of twenty- one years and absolutely free being natural born or who being a naturalized subject shall have resided in this Colony for five years shall be qualified to be elected a Member of the Assembly for any
Electoral District unless disqualified by section seventeen or eighteen of the Constitution Act or unless under section eleven or twelve of this Act he would be disqualified or incapacitated as an Elector. 9. Every male subject of Her Majesty of the full age of twenty- one years being natural born or who being a naturalized subject shall have resided in this Colony for three years shall if qualified as in this section is provided and entered on the Boll of Electors and not disqualified or incapacitated for some cause hereinafter specified be entitled to vote at any Election for the Electoral District in respect of which he shall be so qualified that is to say— Firstly—Every such subject who at the time of making out the Electoral List in any such District shall reside and during the six months then next preceding shall have resided in that District
Secondly—Every such subject whether or not so resident as aforesaid who shall have at the time of making out the said Electoral List and for the six months then next preceding shall have had within the District a freehold or leasehold estate in possession or have been in the receipt
of
of the rents and profits thereof for his own use of the clear value of one hundred pounds or of the annual value of ten pounds respectively (such leasehold estate having been originally created for a term of not less than three years) or who shall then occupy and for the said six months have occupied within the District any house ware house counting-house office shop room or building being either separately or jointly with any land within such District occupied by him therewith of the annual value ol ten pounds such occupation being either continuously ol the same premises or successively of any two or more respectively of the required value or who shall hold and for the said six months shall have held a Crown lease or license to depasture lands within such District
Provided that no elector possessing more than one qualification within the same Electoral District shall be thereby entitled to any additional vote at any Election for that District.
10. When any premises are jointly owned or occupied or held on lease within the meaning of the last preceding section by more persons than one each of such joint owners occupiers or leaseholders shall be entitled to vote in respect of such premises in case the value of his individual interest therein separately taken would under the provisions of the said section entitle him to vote if solely interested.
11. Every person nevertheless shall be disqualified who at the
time either of making out the said List or of the Election for his District shall 1)0 of unsound mind or in the receipt of aid from any charitable institution or who has been attainted or convicted of treason felony or other infamous offence in any part of Her Majesty's Dominions unless he have received a free or conditional pardon for such offence or have undergone the sentence passed on him.
| 12. Every person shall be incapable of voting who at the time either of making out such List or of such Election shall be in the Naval or Military Service on full pay not being in any Militia or Volunteer Corps only And no Inspector General or Metropolitan Superinten dent of Police or paid Police Magistrate or Superintendent of Police nor any Clerk of Petty Sessions nor any Clerk Chief or other Constable or person belonging to the Constabulary Eorce shall during the time he shall continue in any such office be capable of giving his vote for the Election of a Member to serve in the Assembly nor shall by word message writing or in any other manner endeavour to persuade any Elector to give or dissuade any Elector from giving his vote for any | Candidate and every person incapacitated as last aforesaid who shall | offend herein shall forfeit the sum of one hundred pounds to be |
| recovered by any person who shall sue for the same by action of debt to be commenced within six months after the commission of tin; offence. | ||
| 13. Unless affected by some disqualification or incapacity herein before mentioned every such subject of Her Majesty who shall at the time of any Election for any Gold Eields Electoral District be residing on any proclaimed Gold Eield within the same and shall have held for the period of six months any Miner's right or business-license or mining lease then unexpired or a like instrument of which the existing one is a renewal shall be thereby qualified to vote at such Election Provided that if he so vote he shall although upon the Electoral Roll of any other Electoral District within the boundaries of which there shall be" a proclaimed Gold Eield not be entitled to vote at the same Election for any Member of such other Electoral District And every last-named person who shall so vote contrary to this proviso shall be deemed guilty of a misdemeanor. |
14. Every person claiming to be entitled to vote for any Member at any Election for any Gold Eields Electoral District sball before be be permitted so to vote produce; to the Presiding Officer his Miner's right or license or lease constituting his authority to vote And such Presiding Officer shall sign on the back thereof a memorandum in the form of the Schedule hereto marked P> And such memorandum so signed shall be conclusive evidence that the person named in such right or license or lease has voted at such Election for such Gold Eields Electoral District And the said form shall be printed on the back of every Miner's right license or lease hereafter granted or issued.
15. So soon as there shall be in the University of Sydney not fewer than one hundred Graduates who shall have taken therein any or either of the Degrees of Master of Arts Doctor of Laws or Doctor of Medicine the said University shall return one Member to serve in the Assembly in addition to the number of Members hereinbefore mentioned And the first Writ for the Election of such Member shall thereupon be issued by the Governor and all subsequent Writs in the manner hereinafter provided for Election Writs And the following persons shall be entitled to vote at the Election of such Member the said persons being of the full age of twenty-one years and natural born or naturalized subjects of Her Majesty and not being disqualified or incapacitated by this Act :—
The Eellows of the Senate for the time being
The Professors and all other Public Teachers and Examiners
in the University Schools and the Principals of Incorporated
Colleges within the University for the time being
Masters of Arts Doctors of Laws or Medicine and all other Members of the University who at the date of the issue of the Writ of Election shall be entitled to vote at Elections for Eellows of the Senate thereof
And at every Election of such Member the Provost or in his absence the Vice Provost of the said University shall act as Returning Officer and the Registrar thereof shall act as Polling Clerk And the Books of the University in which shall be registered the names of the persons so qualified to vote shall be deemed to be the Electoral Roll for the said University.
16. On or before the first day of January in every year the Courts of Petty Sessions of the several Police Districts shall appoint Collectors for each of such Police Districts And every Collector so appointed shall before entering on his duties make and subscribe a
L which declaration shall be kept as of record by the Petty Sessions declaration before a Justice in the form of the Schedule hereto marked Clerk. 1 7 . Every Collector so appointed shall between the first and the
twenty-eighth day of January in every year make out alphabetical Lists according to the form in the Schedule hereto marked D of all persons qualified to vote within their respective Districts for the Election of Members of the Assembly and shall deliver such Lists to the Clerks of Petty Sessions for the Police Districts for which such Collectors are appointed and each Collector shall keep a true copy of the List so delivered by him to be perused by any person at all reasonable hours without fee And the Clerks of Petty Sessions shall forthwith cause copies to be printed or fairly transcribed of all such Lists and shall deliver a copy of any such List to any person requiring the same on payment of a reasonable price for each copy and shall likewise cause copies of the Lists of their respective Police Districts to be fixed on the respective Court Houses thereof and in such other public places as may by the Court of Petty Sessions be directed for the period of fourteen days ending on the twenty-eighth day of February following.
18. I t shal l be lawful for t h e Jus t i ces of each Pol ice Dis t r ic t in
P e t t y Sessions assembled to assign to such Collectors such r emunera t ion for the i r services as to t h e said Jus t i ces m a y seem j u s t a n d reasonable.
19. W h e n e v e r any such Pol ice Dis t r ic t shall form por t ions of
| two or | m o r e | Elec tora l | Dis t r ic ts sucb Collectors and Clerks | of | P e t t y |
Sessions sliall m a k e separate Lis ts for each such por t ion.
20. I f in any Elec tora l Dis t r ic t t he r e be no Cour t of P e t t y
Sessions or be ing such Cour t t he r e be no Clerk of P e t t y Sessions t h e Governor w i t h t he advice aforesaid shall by P roc lamat ion publ ished in t h e Gazette fix t h e Cour t of P e t t y Sessions a t which "and by t h e Clerk whereof or t h e pe r son by w h o m as t he case may be the dut ies imposed upon t h e Clerk of P e t t y Sessions by th i s Ac t shall be performed.
2 1 . E v e r y person omi t ted from any Lis t b u t ent i t led to have
| his n a m e inser ted on the Lis t m a y or any o ther Elec tor of t h e | Dis t r ic t |
| m a y for h i m on or | before | t h e twen ty-e igh th day of F e b r u a r y | in | any |
| year give or t r a n s m i t by post not ice in wr i t i ng thereof | to t h e Clerk of |
| P e t t y Sessions | A n d every person named in any Lis t objecting to any |
| o the r person | as | no t | en t i t led to have his n a m e re ta ined | the re in | shall |
| on or before t h e said twen ty -e igh th day of E e b r u a r y in any year | give |
or t r a n s m i t by post to t h e Clerk of P e t t y Sessions and to t he person objected to a t his address as inser ted in t h e said Lis t a not ice thereof in wr i t i ng accord ing to t h e form of t he Schedule here to m a r k e d E A n d such Clerk shal l include t h e names of all persons so c la iming to be inser ted in a paper according to t h e form of t he Schedule hereto m a r k e d F a n d the n a m e s of all persons objected to in a paper in the form of t he Schedule here to m a r k e d G and shall cause copies of such several papers to be fixed on t h e Cour t H o u s e or o ther publ ic place as aforesaid du r ing four teen days a t t h e least end ing on t h e e igh teen th
| day of M a r c h following | A n d shall keep copies of such papers respec |
| t ively to be perused by any person | wi thou t | p a y m e n t of any fee a t all |
| reasonable hou r s du r ing t h e | fourteen | days (Sunday excepted) end ing |
| on t h e said e igh teen th day of M a r c h and shal l deliver a copy of bo th | or |
| e i ther of such pape r s to any person r equ i r ing t h e same on p a y m e n t | of |
| a s u m not exceeding one shi l l ing for each copy. |
22. Cour t s of Revis ion for revis ing t h e Lis ts shall be he ld in every year by Jus t i ces in P e t t y Sessions a t the i r usua l places of mee t ing or a t such o ther publ ic places as m a y be found convenient in and for every Pol ice Dis t r i c t some t i m e be tween t h e e igh teen th a n d the twen ty - e i g h t h days of M a r c h inclusive and such Jus t i ces shal l cause to be affixed conspicuously on t h e Cour t H o u s e or place used as such wi th in
| the i r Dis t r i c t s a t least t e n days before t he ho ld ing of t he Cour t of |
Revis ion a not ice unde r t h e h a n d of t h e Clerk of P e t t y Sessions of t he place and t ime of hold ing such Cour t A n d an open Cour t shal l be
| he ld accordingly for t h e revision of | t h e | Lis ts | a n d | t h e | Jus t i ces shall |
from day to day appo in t one of t he i r own n u m b e r to preside a t such Cour t and in t he event of a deficiency or expected deficiency of Jus t i ces i n any such Dis t r ic t t h e Governor w i th the advice aforesaid may
| appo in t any o ther person | to perform any of t h e dut ies of Jus t i ces in |
| P e t t y | Sessions u n d e r | th i s A c t | Provided t h a t no | Candida te for | Elect ion |
| or M e m b e r of t he Legis la t ive Council or Assembly shal l t ake any | pa r t |
| in t h e revision of any Lis t or any p a r t thereof. |
23. The Clerk of P e t t y Sessions shall a t t h e opening of such Cour t of Revis ion produce t h e Lis ts and a copy of t he papers so con ta in ing t h e names of persons c la iming a n d of persons objected to A n d t h e pres id ing Jus t i ce shall inser t in t h e Lis t t h e n a m e of every person c la iming as aforesaid to be inser ted w ho shall be proved to the satisfaction of t he Cour t to be qualified and shall re ta in on t h e Lis t t he names of all persons to w h o m no objection shal l have been duly m a d e a n d the n a m e of every person objected to unless t h e pa r ty objecting
shall
shal l appear by himself or b y some one on his behalf in suppor t of such objection a n d shal l establ ish t h e same by satisfactory proof A n d t h e pres id ing J u s t i c e shall expunge from t h e Lis t t h e n a m e of every person whose qualification shal l be disproved or who shall appear t o be disqualified to t h e satisfaction of t he Cour t or who shall be proved to be dead and shall correct any mi s t ake or supply any omission proved to have been m a d e in any such Lis t in respect of t he n a m e or abode of any person inc luded the re in o r t h e n a t u r e or local descript ion of his
qualification Provided t h a t no person ' s n a m e shall be inser ted by such Jus t i ce in any Lis t or expunged therefrom except in t h e case of dea th
unless not ice shall have been given as aforesaid A n d t h e p res id ing
Jus t i ce shal l in open Cour t wr i te his ini t ials against every n a m e s t ruck out or newly inser ted and aga ins t any p a r t of any Lis t in which a n y mi s t ake shal l have been corrected a n d shall sign his n a m e to every page of every Lis t so revised and no a l t e ra t ion in any Lis t shal l be valid unless so init ialized.
24. The Jus t i ces of Sydney in P e t t y Sessions assembled m a y
establ ish separate Cour ts of Revis ion each Cour t be ing composed of n o t fewer t h a n t h r ee such Jus t i ces a t such publ ic places as may be
deemed convenien t for t h e several Elec tora l Dis t r ic ts comprised
wi th in t h e Police Dis t r ic t of Sydney and shall appoin t one of such
Jus t i ce s to be t h e pres id ing Jus t i ce a t each such Cour t and such Cour t s
m a y perform t h e same acts and dut ies and exercise t h e same au thor i t i es and powers as t he Jus t i ces in o ther Dis t r ic ts are hereinbefore directed a n d requ i red to perform a n d exercise and m a y appoin t pe rsons to per form t h e same acts and dut ies as are hereinbefore appointed to be performed by Clerks of P e t t y Sessions at such Cour t s of Rev i s ion—
and m a k e such other special provisions for t h e due p repara t ion a n d revis ion of t h e Lis ts as they m a y deem expedient A n d the pres id ing Jus t i ce a t such Cour t s of Revis ion of Sydney m a y in every case u n d e r
th i s A c t do al l t h a t is requi red to be done by t h e pres id ing J u s t i c e a t any Cour t of Revision hereinbefore referred to in any l ike case.
25. E v e r y Cour t of Revis ion shall have power to adjourn from
t i m e to t ime provided no such adjourned Cour t shall be held beyond t h e twen ty -e igh th day of M a r c h in any year A n d every such Cour t shall have t h e same poAvers as t he Supreme Cour t t o s u m m o n a n d examine witnesses and to compel t h e produc t ion of any books or documents re la t ing to any m a t t e r necessary for revis ing any Lis t in
t he same m a n n e r and by like process as any Jus t i ce by any law now or hereafter to be in force is or shall be author ized or empowered to
do in cases of s u m m a r y convict ions and orders A n d every person to w h o m any such s u m m o n s is issued shall be ent i t led and subject to t h e same r igh t s and liabili t ies in all respects a s if such s u m m o n s had been issued on behalf of t h e prosecutor compla inant or defendant .
26. I n e a c h E lec tora l Dis t r ic t every Clerk of P e t t y Sessions
shall on or before t he twelf th day of Apr i l i n every year deliver t he Lis ts revised as aforesaid to t h e R e t u r n i n g Officer of t h e E lec to ra l
Dis t r ic t t o wh ich t h e same be long or re la te A n d such R e t u r n i n g
Officer shall cause a general a lphabet ica l Ro l l of t h e Elec tors of t h e
whole Electora l Dis t r ic t n u m b e r e d in regular a r i thmet ica l progression
to be fairly t ranscr ibed or p r in ted wi th as l i t t le delay as possible; from the Lis ts so delivered to h i m A n d such genera l Rol l shall be t he Ro l l of Electors ent i t led to vote in each respect ive Elec tora l Dis t r ic t a t all Elec t ions be tween t h e twelfth day of Apr i l inclusive in t h e year i n which such Rol l shall have been m a d e a n d the twelfth day of Apr i l in t he succeeding year and shall du r ing t h a t period be conclusive evidence of t h e t i t le t o vote of each Elec tor there in named unless dis
qualified or incapaci ta ted for any of t h e causes hereinbefore m e n t i o n e d
Provided t h a t if in any year t h e Rol l for any Elec tora l Dis t r i c t shal l
no t
n o t be r egu la r ly m a d e out or shall no t be perfected t h e Rol l for t he preceding year shal l wholly or in p a r t as t h e case m a y requ i re be used as t h e R o l l for ano ther year A n d t h e R e t u r n i n g Officer in every Electoral Dis t r ic t shal l deliver a copy of t he Rol l for such Dis t r ic t to all persons app ly ing for t h e same on paymen t of a reasonable pr ice for each copy.
27. I f in any case i t shal l appear to any Revis ion Cour t t h a t
any person shal l have m a d e or a t t empted to sus ta in any groundless or frivolous a n d vexa t ious claim or objection t h e Cour t may order t h e p a y m e n t b y such person of t h e costs or of a n y pa r t of t h e costs of any a n d every person in res is t ing such claim or objection A n d in every such case t h e Cour t shal l m a k e an order in wr i t i ng specifying t h e s u m to be so paid a n d by a n d to w h o m and when and where t he same shal l be paid and shal l da te and sign t h e said order a n d deliver i t to the person to w h o m such s u m shall the re in lie ordered to be paid.
28. I n case any s u m of money so ordered to be paid by any person shal l no t be paid according to t he t e r m s of t h e order any Jus t i ce may and shall upon proof before h im t h a t a t r u e copy of t h e order h a t h been served upon or left a t t h e usua l place of abode of t he person there in ordered to pay such s u m and t h a t t h e said s u m h a t h been demanded of such person and t h a t he has refused or neglected to pay the same by w a r r a n t u n d e r his h a n d a n d seal order such sum toge ther
| wi th t h e costs of a n d a t t end ing such w a r r a n t | to | be levied by | distress |
| and sale of all such goods a n d chat te l s of t h e person so m a k i n g | default |
as m a y be found wi th in t he jur isdic t ion of such Jus t i ce and t h e surp lus if any after such sum of money and costs and the charges of such distress and sale are deducted shal l be r e tu rned upon demand to t h e owner of such goods and chat te ls Prov ided t h a t no certiorari or o ther wr i t or process for t he removal of any such order or w a r r a n t in to t h e Sup reme Cour t shall be allowed.
29. F o r t he purpose of every Genera l Elect ion of M e m b e r s to
serve in t he Assembly—and also in t he ease of any vacancy of a seat by dea th wr i t t en res ignat ion to t h e Governor or otherwise after such
| Genera l | Elect ion | and | before | t he | mee t ing | of P a r l i a m e n t — t h e | W r i t s | for |
| t h e several E lec tora l Dis t r ic ts shall be issued by t h e | Governor . |
30. W h e n and so often as a vacancy shal l occur in t h e Assembly upon a Reso lu t ion by t h e Assembly declar ing sucli vacancy and the causes thereof t h e Speaker shal l cause a W r i t to be issued for supply ing such vacancy Provided t h a t in all cases of a vacancy caused by dea th or res ignat ion t h e Speaker may issue such W r i t w i thou t such preceding
Reso lu t ion when t h e Assembly is no t in Session or w h e n such vacancy
occurs du r ing any ad jou rnmen t for a longer period t h a n seven days.
3 1 . I f a t t he t ime of t he occurrence of any such vacancy caused
by death or res ignat ion t he r e be no Speaker a n d the Assembly lie not in Session or if t he Speaker be absent from the Colony t h e Governor shall if satisfied of t he existence of such vacancy issue a W r i t for t he Elect ion of a M e m b e r to serve in t he seat so vacated.
32. The Governor w i th t h e advice of t h e Execu t ive Council
| m a y | appoin t by wr i t i ng unde r | his h a n d a fit person to be t h e | R e t u r n i n g |
| Officer of each Elec tora l Dis t r ic t such person being a t t h e t ime of | his |
| a p p o i n t m e n t | regis tered as a n Elector | of t he | Elec tora l Dis t r ic t | for | which |
| h e is t o ac t a n d every such appo in tmen t shall be notified in t h e | Gazette |
A n d in case of sickness or o ther accident disabl ing any R e t u r n i n g Officer from ac t ing a t any Elect ion t h e Governor wi th t h e advice aforesaid m a y appoin t some person so qualified to be and to act as
| R e t u r n i n g | Officer | in his | stead. |
33 . E v e r y person appoin ted R e t u r n i n g Officer Pres id ing Officer
or Pol l Clerk u n d e r t h i s Ac t shall before he enter on t h e dut ies of such office m a k e and subscribe a solemn declarat ion before some
"> F — V O L . 4. J u s t i c e
Jus t i ce in t he form of t he Schedule hereto m a r k e d C A n d such
Jus t i ce shall t r a n s m i t t h e declarat ion so made by the first convenient oppor tun i ty to t h e Colonial Secre tary .
3 4 T h e Governor w i t h the advice aforesaid m a y by not ice i n
t he Gazette from t ime to t ime appoin t places for t ak ing t h e poll .
35 . Al l W r i t s for t h e E lec t ion of M e m b e r s to serve in t h e
Assembly shall b e di rected to t h e R e t u r n i n g Officers of t he respective 1
Elec tora l Dis t r ic ts A n d in every such Wr i t shall be named t h e day
and p lace of nomina t ion for t h e Elec t ion t he day for t a k i n g the poll
a t t h e several pol l ing places in t h e event of t he Elec t ion be ing con
tes ted and t h e day on which t h e W r i t shall be r e tu rnab l e to t he Governor or Speaker as t he case m a y be.
3(5. E a c h R e t u r n i n g Officer shall indorse upon t h e W r i t so
directed to h im t h e day on which h e receives it and shall for thwi th give publ ic not ice of t h e day and place of nomina t ion a n d of t h e day of pol l ing ment ioned in such W r i t and of t h e several pol l ing places and shall also as soon as possible give publ ic not ice of any po l l ing place appoin ted after t h e issue of such W r i t .
37. On t h e day of nomina t ion n a m e d in t h e W r i t t h e R e t u r n i n g
Officer shal l preside at a mee t ing to b e holdcn a t n o o n a t t h e place named for t h a t purpose in t h e W r i t a n d shall declare t h e purpose for
which such mee t ing i s held A n d if n o more Candidates be t h e n p ro
posed t h a n t h e M e m b e r or n u m b e r of Member s to be r e t u r n e d t h e
R e t u r n i n g Officer shall declare t h e Candida te or Candidates proposed to be du ly elected and m a k e his r e t u r n accordingly A n d if more t h a n such n u m b e r be proposed t h e R e t u r n i n g Officer shall call for a SIIOAV
of hands separate ly in favour of each Candidate a n d shal l declare t h eresu l t of such show of h a n d s a n d shall m a k e his r e t u r n accordingly
unless a poll be t h e n a n d the re d e m a n d e d by some Candida te or by n o t fewer t h a n six Elec tors of t he Elec tora l Dis t r ic t A n d if such demand be made for a poll t h e pol l ing shall t ake place by bal lot a t t h e pol l ing places for such Dis t r ic t on t h e day appoin ted i n t h e W r i t for
t h a t purpose .
38 . I n t he event of t he r e so be ing m o r e Candidates nomina t ed
t h a n t h e n u m b e r t o be r e t u r n e d a t any Elec t ion and a poll be ing
demanded t h e R e t u r n i n g Officer shall cause booths to be erected or rooms to be h i red and used as such booths in one place or in several places a t each pol l ing place as occasion may requi re and t h e same shal l be so divided and al lot ted into c o m p a r t m e n t s as to t h e R e t u r n i n g Officer shal l seem mos t convenien t a n d he shall appoin t Clerks to t ake
t he poll and shal l before t h e day fixed for t a k i n g the poll cause to be
furnished for t h e use of each booth or pol l ing place a copy of t h e Ro l l
of t he E lec tora l Dis t r ic t certified u n d e r his h a n d to be t r u e a n d all
expenses wh ich t h e R e t u r n i n g Officer shall necessar i ly i ncu r in and
about such Elect ion u n d e r t he provisions of th i s e n a c t m e n t or o ther
wise howsoever shall b e defrayed out of t h e Consolidated R e v e n u e
E u n d u n d e r w a r r a n t in t he usua l m a n n e r .
39. The R e t u r n i n g Officer of each Elec tora l Dis t r i c t shall pre
side a t one pol l ing place Avithin or be longing to his Dis t r i c t and shall appoin t such o t h e r Pres id ing Officers a n d such Po l l ing Clerks as m a y b e requ i red for t a k i n g t he poll a t t h e o ther pol l ing places A n d in case
of any R e t u r n i n g Officer o r any o ther Pres id ing Officer be ing pre-
A r ented f r o m a t t endance by il lness o r o t h e r sufficient cause lie m a y appoint b y Avri t ing u n d e r his h a n d a subs t i tu te t o act for h i m who shal l haA'e fu l l poAver a n d au tho r i t y to do all t h ings requi red by th i s Act t o b e done by his pr inc ipa l a t his pol l ing place only and shal l be impl ied b y t h e t e r m " P res id ing Officer " Avhenever he re in used A n d
if by reason of t h e absence of t h e P res id ing Officer the pol l shall no t
be t a k e n a t a n y po l l ing place t he Elec t ion shall no t be therefore void
b u t
| b u t i t shall | be lawful for | t h e | R e t u r n i n g | Officer | t o | appoin t | ano the r |
| day not l a te r t h a n | t h i r t y days | from | t h e | day n a m e d | in | t he W r i t | for |
| t a k i n g | t h e poll a t such pol l ing place of which due not ice shal l be |
| publ ic ly given a n d the poll shall be t a k e n accordingly a n d | be deemed |
| to have been t a k e n on the day first appointed . |
40. Before and in t ime for every such Elec t ion t h e R e t u r n i n g
| Officer shal l | cause to be p r in t ed o r wr i t t en | bal lot papers according to |
t h e form of t h e Schedule here to m a r k e d I I A n d shall supply to t h e P re s id ing Officer of each pol l ing place so m a n y of such bal lot papers as shal l be fully equal to t h e n u m b e r of Elec tors l ikely to vote a t such pol l ing place A n d shall keep for himself a l ike sufficient n u m b e r for t he pol l ing place a t which he is to preside.
4 1 . A t every booth or pol l ing place the re shall be one or m o r e
| compar tmen t s or bal lot | rooms provided | w i t h | all | necessary mate r i a l s |
for t h e purpose of enab l ing t h e Elector to m a r k t h e bal lot paper as hereinaf ter provided A n d in t h e said booth or pol l ing place no person shall be ent i t led to be present o ther t h a n the Pres id ing Officer t he Pol l Clerk t h e Candidates and the Scru t ineers of t h e several Candidates to be appoin ted as hereinaf ter provided and t h e Elec tors who shal l for that t ime be vot ing A n d every person who shal l i n t rude in to such
| booth or pol l ing place o ther t h a n | such Pres id ing Officer Pol l Clerk |
Candidates Scrut ineers and Electors ac tua l ly vo t ing shall be deemed gui l ty of a misdemeanor Provided always t h a t it shall be laAvful for the Pres id ing Officer or Po l l Clerk to s u m m o n to his assis tance in such booth or pol l ing place a n y member s of t h e police force for t he purpose of p reserv ing t h e publ ic peace or p reven t ing any b reach thereof and for r emoving out of such booth or pol l ing place every person who may i n his opinion be obs t ruc t ing the pol l ing or wilfully v io la t ing any of t h e provis ions of th i s Act .
42 . The Pres id ing Officer shal l provide a locked box of which
he shall keep t h e key wi th a cleft or opening in such b o x capable of receiv ing t h e ba l lo t paper folded as hereinaf ter men t ioned wh ich b o x shal l be open to inspect ion by t h e Pol l Clerks Candidates and Scrut ineers previously to i t s be ing locked for receiving t h e bal lot papers and such box shal l s tand u p o n the table a t which the Pres id ing Officer or Poll Clerk and Scrut ineers preside and are placed A n d each Elec tor hav ing previously satisfied t he Pres id ing Officer t ha t he is ent i t led to vote a t
| such E lec t ion shal l t h e n receive from t h e Pres id ing Officer or Po l l | Clerk |
one of t h e bal lo t papers ini t ia l led by the Pres id ing Officer a t t h e t ime
| of t h e delivery of which ballot paper to any Elec tor t h e Pres id ing | Officer or Po l l Clerk shall upon a certified copy of t he Elec tora l Roi l | |||||
| ||||||
| ||||||
| ||||||
| of his hav ing voted at such Elect ion. |
43 . E v e r y such Elec tor shall in o n e of t h e compar tmen t s o r
bal lot rooms provided for t h e purpose s t r ike ou t from his bal lot paper t he names of such Candidates as he does no t in t end to vote for and shall for thwith fold u p t h e same in such m a n n e r as wil l conceal t he names of t he Candidates a n d shal l deposit i t i n t h e bal lot box in t h e presence of t h e Pres id ing Officer Provided t h a t w h i l e a n E lec to r is in
| t h e c o m p a r t m e n t | or bal lot room | p repa r ing his | bal lot | paper | no | o ther |
| person shal l be allowed in such compar tmen t or bal lot room | Provided |
| never theless t h a t in case any Elec tor shal l be unab le to read or | shal l |
| be bl ind | h e shal l signify t h e same to t h e Pres id ing Officer | who shall |
| t he reupon in t h e booth or pol l ing place | s t r ike out | t h e names of | such |
Candidates as t h e E lec to r shal l express h i s wish to have s t ruck o u t A n d no Elec tor shal l t a k e out of such booth or pol l ing place any such bal lo t paper e i ther before or after t h e same has been so m a r k e d A n d
a n y
any Elec tor wilfully infr inging any of t h e provisions of th i s section or obs t ruc t ing t he pol l ing by any unnecessary delay in per forming a n y
act w i th in t he bal lo t room shal l be deemed gui l ty of a misdemeanor .
44. A t every poll t h e vo t ing shal l commence a t n ine o'clock in
t he forenoon and shall finally close a t four o'clock in t h e af ternoon of t h e same day unless adjourned as hereinafter provided by reason of r iot or o ther i n t e r rup t ion except for t h e Elec tora l Dis t r ic ts of E a s t
Sydney W e s t Sydney N e w t o w n P a d d i n g t o n The Glebe C a n t e r b u r y
St. Leonards W e s t M a i t l a n d B a t h u r s t Gou lbu rn P a r r a m a t t a I l l awa r r a
Camden a n d such other Dis t r ic ts as m a y from t ime to t ime be notified by
P roc lama t ion u n d e r t he h a n d and seal of t h e Governor and publ i shed in
t he New South Wales Government Gazette in which Electora l Dis t r i c t s t h e vo t ing shal l commence a t e ight o'clock in t h e forenoon A n d every such Elec tor m a y vote for any n u m b e r of Candidates no t exceeding t h e n u m b e r of Member s t h e n to be chosen and any ballot paper con ta in ing
a grea te r n u m b e r of names of Candidates or w i t h o u t t h e ini t ia ls of t h e Pres id ing Officer shal l be rejected a t t h e close of t he poll .
45 . E a c h Candida te m a y appoint one person to be Scru t ineer a t
each booth or pol l ing place a t t h e Elec t ion a n d every person so
appoin ted Scrut ineer shal l upon his appo in tmen t m a k e and subscr ibe
a solemn declarat ion in t h e presence of t h e Pres id ing Officer in t h e form of t he Schedule here to m a r k e d I .
46 . N o inqu i ry shall be pe rmi t t ed a t t h e t ime of pol l ing as to
t h e r i g h t of any person to vote except only as follows t h a t is t o say t h e Pres id ing Officer shall if he th ink fit or if requi red by any Candi date or Scru t ineer p u t to a n y E lec to r before he shall have voted a n d no t af terwards t h e following quest ions or c i ther of t h e m and no o ther t h a t is to say—
1st. A r e you t h e same person whose n a m e appears as (A. P>.
N o . — ) in t he P o l l in force for th i s E lec tora l Dis t r ic t ?
2nd. H a v e you a l ready voted ei ther he re or elsewhere a t t h e
presen t Elec t ion for th i s Elec tora l Dis t r ic t ?
A n d if
t h e r e be any Gold Eic ld w i th in t h e boundar ies of t h e Distr ict 3rd. H a v e you a l ready voted for any Gold Eields E lec tora l
Dis t r ic t ?
Provided t h a t if t h e Elec t ion be for any Gold Eields Elec tora l D i s t r i c t
t he following quest ions shall be subs t i tu ted for t h e first of t he said ques t ions
1. A r e you the person n a m e d in t h e Mine r ' s r i g h t (or l icense
or lease) now produced by you P 2. H a v e you a l ready voted c i ther here or elsewhere a t t h i s
E lec t ion for th i s or any o ther Elec tora l Dis t r ic t w i th in the boundar ies whereof the re is any Gold Eie ld ?
47. N o person so requi red to answer t h e said quest ions or a n y
of t h e m shall be pe rmi t t ed to vote un t i l he shal l have satisfactorily answered t h e same. 48 . The Pres id ing Officer shall if he t h i n k fit or if called u p o n
so to do by any Candida te or Scru t ineer requi re any person t e n d e r i n g
a bal lot pape r to m a k e a solemn declarat ion aga ins t br ibery in t h e
form of t he Schedule here to m a r k e d K. 49. Eve ry person who shall wilfully m a k e a false answer to any of the quest ions aforesaid or who shall wilfully m a k e a false declara t ion in m a n n e r aforesaid or shall wilfully m a k e any false s t a t emen t orally or in wr i t i ng in any Cour t of Revision in anywise affecting or r e l a t ing to t h e qualification of himself or any o ther person shall be deemed gui l ty of a misdemeanor and on convict ion thereof shall suffer t he
penal t ies of wilful a n d cor rup t per jury. 50. E v e r y person who shal l wilfully mislead any Collector or
Clerk of P e t t y Sessions in t h e collection or p repara t ion of t h e Lis ts or
who
who shall wilfully cause any false or fictitious n a m e or qualification to be inser ted t h e r e i n shall on conviction of any such offence before any
| two or more Jus t i ces in P e t t y Sessions be l iable to a pena l ty | n o t |
| exceeding t w e n t y pounds or | to impr i sonment for any t e r m | no t |
exceeding one m o n t h a t t he discretion of such Jus t ices .
5 1 . K o Elec to r shall a t any Elec t ion be required to t ake any
oa th affirmation or declara t ion except as aforesaid A n d no person c la iming to vote a t any Elec t ion shall be excluded from vot ing the rea t except by reason of i ts appear ing to t he Pres id ing OiFicer upon p u t t i n g such quest ions or e i ther of t h e m t h a t he is no t t h e person whose n a m e appears on t h e P o l l or t h a t he has previously voted a t t he same Elect ion wi th in t h e same Dis t r ic t or otherwise con t ra ry to th is A c t or except by reason of such person refusing to answer e i ther of t he said
| quest ions or to m a k e t h e said | declarat ion. |
52. E a c h Pres id ing Officer o ther t h a n t h e R e t u r n i n g Officer
shall immedia te ly on the close of t h e poll in t he presence of t h e Pol l Clerk and also of such of t h e Scrut ineers as m a y desire to a t t end examine and coun t t h e n u m b e r of votes for each Candida te and shall t hen seal u p al l t h e ballot papers which have been t a k e n a t t he po l l ing ]dace wherea t he presided together w i t h all books kep t by h i m
| dur ing t h e pol l ing a n d shall w i th t h e least possible delay deliver | t h e m |
| or cause t h e m to be delivered toge the r w i t h t h e Rol l suppl ied to | h i m |
| and | signed by h i m and t h e Pol l Clerk or Clerks to t h e R e t u r n i n g |
| Officer | A n d | shal l a t t h e same t ime t r ansmi t t o such R e t u r n i n g | Officer |
a wr i t t en s t a t emen t signed by such Pres id ing Officer and counters igned by his Po l l Clerk and any Scrut ineers who m a y be present con ta in ing t h e n u m b e r s in words as well as figures of t he votes for each Candidate
| so coun ted as aforesaid | A n d | shall by t h e nex t possible | oppor tun i ty |
| thereaf ter | also t r a n s m i t | a dupl ica te of | such s ta tement signed | and |
counters igned as aforesaid.
53 . Eve ry R e t u r n i n g Officer shal l at t he close of t h e poll in t he
presence of his Pol l Clerk and of such Scrut ineers as m a y a t t end examine a n d count t he n u m b e r of votes for each Candidate a t h is own pol l ing place and after m a k i n g and s igning a l ike s t a tement of such
| n u m b e r s | and p rocu r ing | l ike counte r | s igna tures | the re to | as | aforesaid |
shal l seal u p all t he bal lot papers and books t a k e n and k e p t a t h is own pol l ing place A n d as soon as possible after he shall have received the bal lot papers t a k e n by t h e o ther P res id ing Officers and t h e several s t a t ements of t h e n u m b e r of votes t r a n s m i t t e d by t h e m as aforesaid
| h e shall from his own and such other s t a t emen t s and wi thou t re |
| open ing any sealed bal lot | papers | ascer ta in t h e gross n u m b e r of | votes |
for each Candidate A n d t h e R e t u r n i n g Officer shall t h e n a t t h e place of nomina t ion openly declare t he general s ta te of t h e poll as t h e same shal l have been so m a d e u p A n d shal l a t t h e same t ime a n d place declare the names of t he persons elected A n d i n t h e event of the n u m b e r of votes be ing found to have been equal for any two or more Candidates he shall by a cas t ing vote decide which shall be elected Prov ided tha t no R e t u r n i n g Officer shall vote a t any Elec t ion for the
| Elec tora l Dis t r ic t of which | he is t h e | R e t u r n i n g Officer except | in | t he |
case of an equal i ty of votes as aforesaid.
5 1 . W h e r e t h e proceedings at any Election shall be in t e r rup ted
or obs t ruc ted b y any r iot or open violence t h e Pres id ing Officer shal l no t for such cause finally close t he poll b u t shall adjourn t h e poll a t t he pa r t i cu la r pol l ing place a t which such in t e r rup t ion or obs t ruct ion shal l have happened to the following day and if necessary shall fu r ther adjourn such poll from day to day un t i l such in t e r rup t ion or
| obs t ruc t ion | shal l | have ceased w h e n t h e | Pres id ing Officer | shal l | aga in |
| proceed wi th t he business of t a k i n g t h e poll a t t h e place a t which | the |
| same m a y have been i n t e r rup t ed | or obs t ructed | A n d | any day where to |
t he
t h e poll shall have been so finally adjourned shall as to such place be reckoned t h e day of pol l ing a t such Elec t ion wi th in t h e m e a n i n g of
th i s A c t Provided t h a t no ad journment shall be made to any day
beyond tha t named as t he r e t u r n clay in t h e W r i t A n d if t he iE lec t ion
shal l no t have been completed by t h a t day the R e t u r n i n g Officer shal l
specially r e t u r n t h a t fact A n d where a n y such poll shall have been
adjourned by any P res id ing Officer o ther t h a n t h e R e t u r n i n g Officer he shall for thwi th give not ice of such ad journment to t he R e t u r n i n g
Officer who shall no t finally declare t h e s ta te of t he poll or t h e n a m e or names of t h e M e m b e r or M e m b e r s chosen u n t i l t he poll shall have
been finally closed and t h e ba l lo t ing papers or s t a t emen t of n u m b e r s hereinbefore men t ioned delivered or t r ansmi t t ed to such R e t u r n i n g
Officer A n d every Pres id ing Officer shall have power and a u t h o r i t y
to m a i n t a i n and enforce order a n d keep the peace a t t h e Elec t ion he ld
by h i m and to cause to be a r res ted and t aken before a J u s t i c e of t h e Peace any person reasonably suspected of persona t ing or a t t e m p t i n g to personate any o the r person for t h e purpose of vot ing a t such Elec t ion or who shall vote or a t t e m p t to vote a second t i m e or who shal l cause
a d i s turbance A n d every person so offending shall be deemed gu i l ty of a misdemeanor .
55. The n a m e of every person elected shall be indorsed on the W r i t b y t h e R e t u r n i n g Officer and t h e W r i t shall be by h i m r e tu rned to t h e Governor or Speaker as t h e case may be wi th in t he t i m e specified the re in .
56. Al l t he bal lot papers so sealed u p as aforesaid shall by t h e R e t u r n i n g Officer be t r ansmi t t ed to
t h e Clerk
of
t he
Assembly
who
shal l safely keep t h e same for five years after t he receipt thereof a n d
t h e sealed packe ts con ta in ing t h e same shal l on t h e outs ide thereof be described to be t h e bal lo t ing papers of t he Elec tora l Dis t r ic t t o wh ich t h e y re la te a n d be signed by such R e t u r n i n g Officer A n d in case any quest ion shall at any t ime arise t o u c h i n g t h e n u m b e r of votes alleged to have been given a t any Elec t ion t h e bal lot papers shall be received in evidence as proof of such n u m b e r of votes in any Cour t of J u s t i c e
or by t h e Commi t t ee of Elect ions and Qualifications hereinafter men t ioned upon produc t ion thereof toge ther wi th a certificate the reon under t h e h a n d of t he Clerk of t h e Assembly t h a t t h e same was t r a n s -
m i t t e d to h im in due course by the R e t u r n i n g Officer of t h e Elec tora l Dis t r ic t t o which t h e same rela tes .
57. N o Elec t ion unde r t h i s A c t shall be l iable to be quest ioned
by reason of any defect in t he t i t le or any w a n t of t i t le of any person b y or before w h o m such Elec t ion shall have been holden if such person shal l have real ly ac ted a t such E lec t ion no r by reason of any formal er ror or defect in any declara t ion or o the r i n s t r u m e n t or in any
publ icat ion u n d e r th i s A c t or in tended so to be no r by reason of any such publ ica t ion be ing out of t ime . 58. N o Elect ion for any Elec tora l Dis t r ic t shal l be void in con
sequence solely of any delay in t h e ho ld ing of t he Elect ion a t t he t i m e appoin ted or in t h e t ak ing of t h e poll or in t he r e t u r n of t h e W r i t or in consequence of any imped imen t of a mere ly formal n a t u r e A n d the Governor w i th t he advice aforesaid m a y adopt such measu res as may be necessary for r emoving any obstacle of a mere ly formal n a t u r e by which t h e due course of any Elec t ion m i g h t be impeded Provided
t h a t the val idi ty of such Elec t ion a n d t h e measures so t a k e n shall be
for thwi th declared by the Governor by a P roc lamat ion for t h a t pu r pose pub l i shed in t h e Gazette. 59. Al l a n d each of t he following acts shall be deemed and
t a k e n to be acts of b r ibery and cor rup t ion on the pa r t of any Candi date w h e t h e r commi t t ed by such Candidate or by any agen t au tho rized to act for h i m — t h a t is to say t he giving of money or a n y other
ar t ic le
art icle whatsoever to any E lec to r w i th a view to influence his vote or t he ho ld ing ou t to any Elec tor any promise or expecta t ion of profit advancement or en r ichment to himself or t o any of his family or kin dred friends or dependen ts in any shape in order to influence his vote or m a k i n g use of any t h r e a t to any E lec to r or otherwise in t imida t ing h i m in a n y m a n n e r w i th a view to influence h is vote t h e t r e a t i n g of any Elec tor or t h e supply ing h i m wi th mea t d r ink lodging or horse or car r iage h i re or conveyance b y s team or otherwise whi ls t a t such Elec t ion or whi ls t engaged in coining to or going from such Elec t ion t h e p a y m e n t to any Elec tor of any s u m of money for ac t ing or jo in ing in any procession d u r i n g such Elec t ion before or after t h e same tin; keep ing open or a l lowing to be kep t open any publ ic-house shop booth or t en t or place of en t e r t a inmen t whe the r l iquor or ref reshment of
| any k ind be | d is t r ibuted | a t | such | place of en t e r t a inmen t | or no t | t he |
| g iving of any d inner supper | breakfast | or | o ther e n t e r t a i n m e n t a t | any |
| place whatsoever by a Candidate to any n u m b e r of Elec tors w i t h | a |
| view of inf luencing the i r votes A n d no act ion or sui t shal l be ma in ta inable by any publ ican or any owner or keeper of any shop booth t e n t or o ther place of e n t e r t a i n m e n t against any Candidate or any agen t of any such Candida te for any l iquor food or refreshment of any k ind w h e t h e r for m a n or beast supplied upon the credi t of any such Candi date or agen t as aforesaid du r ing the progress of any such Election |
| unde r | th i s | Act . |
60. The commission of any one of t he above-ment ioned acts shal l on proof thereof by the decision of t he hereinaf ter men t ioned Commi t t ee be held to r ender void t h e Elect ion of t h e person commit t i n g such ac t and to disqualify h i m from s i t t ing a n d vo t ing in the
| Assembly d u r i n g t h e whole | per iod | t h a t | may | in te rvene | be tween | t h e |
commission of t h e same and t h e t ime of t h e nex t Genera l Elect ion.
6 1 . The acts of every author ized agen t of a Candida te shall for
t h e purposes of the p reced ing section be held to be t h e acts of such Candida te Provided t h a t it be proved to t h e satisfaction of t h e said
| Commit tee t h a t such acts were commi t t ed | wi th his knowledge power |
| or | consent . |
62. E v e r y person w h e t h e r or not such an au thor ized agen t who
shall have commi t t ed any of t h e ac ts hereby declared to be acts of br ibery a n d cor rup t ion shall be deemed gui l ty of a misdemeanor and m a y be indic ted i n t h e Sup reme Cour t or in any Circui t Cour t or Cour t of Q u a r t e r Sessions as for a misdemeanor and pun ished wi th
| fine n o t exceeding two h u n d r e d pounds or impr i sonment no t exceeding |
| six m o n t h s | on t h e | compla in t | of H e r | Majes ty ' s | A t t o r n e y | Genera l | or | oi |
| a n y regis tered | Elec tor of t he Elec tora l | Dis t r ic t | where in | such act | of |
| br ibery or co r rup t ion shall be al leged to have been | commit ted . |
63 . E v e r y person who hav ing or c la iming to have any r i g h t to
vote in any E lec t ion of a M e m b e r of Assembly for any Electoral Dis t r ic t shal l direct ly or indirect ly ask receive or t ake any money or o ther reward by way of gift employment or other r eward whatsoever for himself or a n y of his family or k i n d r e d friends or dependents as a considerat ion or i nducemen t expressed implied or unders tood for g iv ing h is vote or for abs ta in ing from giving his vote in any such Elect ion a n d every person who by himself his friends or by any person employed by h i m shal l by any gift or r eward or by any promise or ag reemen t or securi ty for any gift or r eward p rocure any person to give his vote in any sucli E lec t ion or to absta in from giving the same sli all for every such offence forfeit t h e s u m of fifty pounds to t he person who shal l bond fide for his own use and no t collusively first sue for t h e same.
6 1 . Every person who shall vote a second t i m e or a t t e m p t to
| vote a second t i m e at t h e same Elec t ion for t he same Elec tora l | Dis t r ic t |
or
or who shall persona te or a t t emp t to personate any o ther person for t he purpose of vo t ing a t any Elect ion or who be ing disqualified for any of t he causes men t ioned in this A c t shal l vote or a t t e m p t to vote a t any Elec t ion shal l be gui l ty of a misdemeanor and upon convict ion shall be fined in any s u m no t exceeding two h u n d r e d pounds or be impr isoned w i t h or wi thou t h a r d labor for any t e r m not more t h a n two years a t t he discretion of t he J u d g e who shall t r y t h e case.
Go. Eve ry R e t u r n i n g Officer who after hav ing accepted office
as such shall wilfully neglect or refuse to perform any of t h e dut ies which by t h e provisions of th i s A c t he is requi red to perform shall for every such offence forfeit and pay any s u m not exceeding two h u n d r e d pounds A n d in l ike m a n n e r every Jus t i ce pres id ing or o ther officer or person who shal l wilfully neglect or refuse to perform any of t he dut ies which by the provisions of th i s A c t he is r equ i red to perform shall for every such offence forfeit and pay any s u m not exceeding fifty pounds t h e said penal t ies to be recovered w i t h full costs of suit by any person who shal l sue for t h e same wi th in six m o n t h s after t h e commission of t h e offence Provided t h a t t he Governor
w i th t h e advice of t h e Execu t ive Counci l m a y mi t iga te or whol ly remi t any such pena l ty or forfeiture.
GO. I n t h e first Session of every Assembly a n d wi th in seven days after t h e election of a Speaker a n d in every subsequent Session wi th in seven days after t h e commencemen t thereof or in e i ther case a t any la te r period wi th t he leave of t h e Assembly t h e Speaker shall
by w a r r a n t u n d e r his h a n d appoin t seven M e m b e r s of t h e Assembly against whose r e t u r n no Pe t i t i on is t h e n p e n d i n g and none of whom is a pa r ty to any Pe t i t ion compla in ing of any Elec t ion or r e t u r n to be M e m b e r s of a Commi t t ee to be called " The Commi t t ee of Elect ions and Qual i f icat ions" A n d every such w a r r a n t shall be laid on tin; ' fable of t h e Assembly and if no t disapproved by t h e Assembly in t he course of t h e th ree n e x t days on wh ich t h e Assembly meets for t h e
d ispatch of business shal l t a k e effect as a n appo in tmen t of such
Commit tee Provided t h a t every M e m b e r who shall become a p a r t y
to any Pe t i t ion compla in ing of an u n d u e Elec t ion or r e t u r n or respect ing whose r e t u r n qualification or disqualification an inqu i ry is pend ing shal l for t h e t ime be disqualified to serve on such Commit tee .
67. I f t h e Assembly disapprove of any such w a r r a n t t h e Speaker
shall on or before t h e th i rd day on which the Assembly meets after such disapproval lay upon the Table of t h e Assembly a new w a r r a n t for t h e appo in tmen t of seven M e m b e r s qualified as aforesaid and so
from t ime to t ime u n t i l seven M e m b e r s have been appointed by a
w a r r a n t no t disapproved by t h e Assembly Provided t h a t t h e disap
proval of any w a r r a n t m a y be e i ther general in respect of the
cons t i tu t ion of t h e whole Commi t t ee or special in respect of any
pa r t i cu la r M e m b e r named in t h e w a r r a n t and t h a t t he Speaker m a y
if he t h i n k fit n a m e in t h e second or any subsequent w a r r a n t any of
t h e Member s n a m e d in any former w a r r a n t whose appo in tmen t has not been so specially disapproved of.
68. After t h e appo in tmen t of t he said Commit tee every M e m b e r
appoin ted shall con t inue to lie a M e m b e r thereof un t i l t h e end of t ha t Session or u n t i l he cease to be a M e m b e r of t he Assembly or unless and u n t i l t h e Commit tee repor t t h a t he is disabled by con t inued illness
from a t t end ing t h e Commit tee or u n t i l t h e Commi t t ee be dissolved as
hereinafter provided or u n t i l he res ign his appo in tmen t (which he m a y
do by le t t e r to t h e Speaker) b u t which res igna t ion shall n o t t ake
effect u n t i l t h e appo in tmen t of ano the r Member in his place. 69. I f t he said Commit tee at any t i m e repor t t h a t by reason of
the con t inued absence of more t h a n two of i ts Members or by reason of i rreconcileablc difference of opinion the Commit tee are unab l e to
proceed
proceed satisfactorily in t h e discharge of the i r dut ies or if t he Assembly resolve t h a t t h e said Commit tee be dissolved the same shall be forth with dissolved and every re -appo in tment of t he said Commit tee after the dissolution thereof as well also as every appo in tmen t to supply a vacancy in t he Commi t t ee b y res ignat ion or otherwise shall be m a d e by the Speaker by w a r r a n t u n d e r his h a n d laid upon t h e Table of t he Assembly on or before t h e t h i r d day on which t h e Assembly meets after the dissolution of the Commi t t ee or notification of t h e vacancy m a d e to t h e Speaker as t he case may be A n d such war ran t shall be subject to t he disapproval of t h e Assembly in l ike m a n n e r as is hereinbefore provided in t h e case of t h e appo in tmen t of t h e first Commit tee A n d upon any re -appo in tmen t of t he said Commit tee t he Speaker m a y it he t h i n k lit re-appoint a n y of t h e Member s of the former Commit tee
| who are t h e n no t disqualified to serve the reon | A n d every such new |
Commi t t ee or new M e m b e r shall have power to t ake u p and con t inue t he business which m a y have been pending at t h e t ime of t he dissolution or vacancy as aforesaid in t h e same m a n n e r as m i g h t have been done
| by t h e Commi t t ee as previously cons t i tu ted a n d | composed. |
70. The Speaker shall appoint t he t ime and place of t h e first
| mee t ing of t h e said Commit tee and t h e Commit tee shall | mee t | a t t h e |
t ime and place so appointed b u t no M e m b e r shal l act upon the said Commit tee un t i l he shall have been sworn a t t h e Table of t h e Assembly by t h e Clerk well and t ru ly to t ry and de te rmine t he m a t t e r of any
| Pe t i t ion and other quest ion referred to t he | said Commit tee and a t r u e |
| j u d g m e n t to give according to t h e evidence and t r u l y and faithfully | to |
perform the duties apper ta in ing to a M e m b e r of t h e said Commit tee to t he best of his j u d g m e n t and abil i ty wi thou t fear or favour and the said Commit tee shall no t be competent to t ransac t any business unless at the least five Member s thereof shal l be present together .
7 1 . The said Commit tee shal l have power to adjourn the i r
s i t t ings from t ime to t ime as they shall t h i n k proper Provided t h a t the in terval of ad journment shall no t in any instance exceed seven days unless by leave first obta ined from t h e Assembly upon mot ion (wi thout notice) and special cause assigned for such ad journment A n d in case five Member s shall not have met together w i th in one h o u r of t he t ime appointed for an or iginal or adjourned mee t ing it shall be competent t o t h e M e m b e r s present to adjourn wi th in t h e l imits and subject to t h e res t r ic t ions aforesaid A n d the said Commit tee shall select the i r own C h a i r m a n from t ime to t ime and shall have power to regula te t h e form and m a n n e r of the i r own proceedings Provided t h a t such proceedings
| necessary to del iberate among themselves before or after hea r ing | shall be conducted openly except when the Commit tee shall t h ink it | |
| evidence and a r g u m e n t if offered and all quest ions before t he Com mi t t e e shall be decided by a major i ty of voices and whenever t he voices are equal t h e Cha i rman shall have a second or cas t ing voice and no M e m b e r of t h e Commit tee shall refrain from vot ing on any quest ion on which t h e Commit tee may divide A n d the said Commit tee sbal l be a t tended by one of t h e Clerks of t he Assembly and such Clerk shal l m a k e a M i n u t e of all proceedings of t he Commit tee in such form a n d ma imer as shall be from t ime to t ime directed by the said Com mi t t ee a n d a copy of t he Minu te s so k e p t shall be laid from t ime to | ||
| ||
| 72. The said Commit tee shal l have power to inqui re in to and de te rmine upon all E lec t ion Pe t i t ions and u p o n all quest ions which m a y be referred to t h e m by t h e Assembly respect ing the val idi ty of any Elect ion or r e t u r n of any M e m b e r to serve in t h e Assembly whe ther t he dispute re la t ing to such Elec t ion or r e tu rn arise out of an er ror in the r e t u r n of t h e R e t u r n i n g Officer or out of t h e al legat ion of br ibery or cor rup t ion agains t any person concerned in any Elect ion or |
5 G — V O L . 4. out out of any o ther a l legat ion calculated to affect t he val idi ty of such Elec t ion or r e t u r n and also u p o n all quest ions concerning the qualifica tion* or disqualification of any person w ho shal l have been r e tu rned as a M e m b e r of t h e Assembly A n d in the t r ia l of any such quest ions t he Commi t t ee shall be guided by the real jus t ice and good conscience of t h e case w i t h o u t regard to legal forms and solemnities and shall direct themselves b y t h e best evidence t hey can procure or which is laid before t h e m w h e t h e r t h e same be such evidence as t h e law would r equ i r e or admi t in o ther cases or not Provided t h a t t h e said Commit tee m a y receive or reject as t hey may deem fit any evidence
t endered to t h e m . 73. The said Commit tee shal l have power to direct t he a t ten dance of witnesses a n d to examine t h e m upon oath (which oa th it shal l be compe ten t for any M e m b e r of the said Commit tee to adminis te r ) and also to send for and examine papers records and other documen ta ry evidence and i t shall be compe ten t to t h e said Commit tee if t h e y shall t h i n k fit to receive affidavits re la t ive to any of t h e ma t t e r s referred to t h e m taken before any Jus t i ce (which affidavits such Jus t i ce is hereby au thor ized to take) A n d if any person summoned by the Commit tee shall disobey such s u m m o n s or shall refuse or neglect to p roduce any papers records or o ther documenta ry evidence re la t ing to or affecting t h e m a t t e r u n d e r inves t igat ion which shal l have been sent for by t he said Commi t t ee or shal l refuse to submi t himself t o examina t ion or shal l give false evidence or prevar ica te or otherwise misconduct h im self in giving or refusing to give evidence he shal l be deemed gui l ty of a misdemeanor a n d be l iable accordingly A n d any person wilfully or knowing ly g iv ing false evidence before t he said Commit tee or a q u o r u m thereof or in any such affidavit shall be deemed gui l ty of
wilful and cor rup t per jury . 74. The said Commit tee shal l de te rmine finally on all quest ions referred to t h e m and if they shall de te rmine a n d repor t t o t h e Assem bly t h a t a person was no t duly elected who was r e t u r n e d as elected by t h e R e t u r n i n g Officer t he person so declared not to be duly elected shal l cease to be a M e m b e r of t h e Assembly and if t hey shall deter m i n e and repor t any pa r ty to have been duly elected w ho was n o t r e t u r n e d by t h e R e t u r n i n g Officer the person so declared shall be
sworn a M e m b e r of t he Assembly and t ake his seat accordingly and if t h e said Commit tee shal l declare any Elec t ion to have been whol ly
void or shal l declare any s i t t ing M e m b e r to be unqualif ied or disquali
fied t h e Speaker m a y issue a new W r i t for t h e hold ing of ano ther Elec
t ion a n d t h e person thereaf ter elected and duly r e t u r n e d shall be t h e
Member for t h e E lec tora l Dis t r i c t concerned and if t h e Commit tee
shall come to any resolut ion o ther t h a n t h e de te rmina t ion above-men t ioned they shall if t hey t h i n k p roper repor t t h e same to t h e Assembly for i ts opinion a t t h e same t ime t h a t they inform t h e Assembly of such de te rmina t ion and t h e Assembly m a y confirm or disagree wi th such resolut ion and m a k e such order t he reon as shall seem proper .
75. Every Pe t i t ion compla in ing of t h e u n d u e E lec t ion or r e t u r n
of a M e m b e r to serve in t h e Assembly or compla in ing t h a t n o r e t u r n has been m a d e according to t h e requis i t ion of t h e W r i t issued for t he Elec t ion of a M e m b e r to serve in t h e Assembly or compla in ing of any special m a t t e r contained in any such r e t u r n shal l be subscribed by some person who voted or h a d a r i gh t t o vote at t h e Elec t ion to which t h e same re la tes or by some person cla iming to have a r i gh t to be r e t u r n e d or elected the rea t or a l leging himself to have been a Candi date a t t h e E lec t ion and shal l i n t h e case of a General Elec t ion be addressed to t h e Governor and in t h e case of Elect ions to supply vacancies shall be addressed to t he Speaker and shall be presented to t he Governor or Speaker wi th in eight weeks after t h e day of t h e
r e t u r n
| r e t u r n of t h e W r i t to | which | such | Pe t i t ion | shall | re la te | A n d | every |
| such Pe t i t ion shall be for thwi th notified in t h e Gazette | and shall as soon |
as convenient ly m a y be after such presen ta t ion be la id by t h e Gover nor or t h e S]leaker before t h e Assembly and shall by t h e Assembly be referred to t h e " C o m m i t t e e of Elect ions and Qua l i f i ca t ions" e i ther fo r thwi th or as soon as the said Commit tee shal l have been duly
| appoin ted a n d | confirmed. |
76. I t shall be competen t to t he Assembly u p o n any Pe t i t ion
subscribed as aforesaid a n d presented to t he Speaker to refer such Pe t i t ion and t h e ques t ion the reby raised to t h e said Commit tee and t h e Assembly shal l also have power upon t h e l ike Pe t i t ion to refer to t h e said Commi t t ee all quest ions respect ing br ibery or cor rupt ion
| alleged to have been commi t t ed | at any Elec t ion | a t any t ime wi th in |
| twelve m o n t h s | after | such Elec t ion no twi th s t and ing t h a t | t h e per iod | in |
| e i ther of t h e above cases shall | have elapsed for a Pe t i t ion agains t t he |
| Elec t ion or t h e r e t u r n thereof according to t he provis ions | hereinbefore |
| in t ha t behalf contained. |
77. Before p resen t ing any such Pe t i t ion as aforesaid to t h e Governor or Speaker t h e person by w h o m t h e same shall be subscribed shall pay in to one of t h e b a n k s regu la ted by law wi th in t he said Colony or in to a b r anch thereof a s u m of one hund red pounds to t he credit of t he Speaker in re la t ion to t h e said Pe t i t ion which s u m shall
| be payable | towards t he costs of t h e Pe t i t ion as hereinafter | regu la ted |
and shall be l iable to be w i t h d r a w n u p o n t h e order of t he Speaker e i ther for t h e purpose of such p a y m e n t or for t he purpose of res tor ing
| t h e same to t h e Pe t i t ioner whol ly or in p a r t as t h e case m a y | requi re . |
78. Every such Pe t i t i on shall have annexed the re to a b a n k
| deposit receipt for t he s u m of one | h u n d r e d | pounds | so deposited a n d |
shal l con ta in a reci tal of t he fact and par t i cu la rs of such deposit A n d any Pet i t ioner who shall wilfully annex to any such Pe t i t ion a false receipt or who shall wilfully m a k e in any such Pe t i t ion any false recital shall be deemed gui l ty of forgery.
79. Al l persons subscr ibing any such Pet i t ion shall be deemed to be; par t ies to t h e reference a n d t h e s i t t ing M e m b e r to whose Elec t ion any such Pe t i t i on relates or any person who voted or who had a r igh t to vote the rea t or any person complained aga ins t in any such Pe t i t ion m a y wi th in four weeks after presenta t ion thereof by not ice in wr i t i ng
| to t he Speaker be admi t t ed | as a p a r t y t o suppor t or t o | oppose | t h e |
| same or to defend | the r e t u r n of t h e | s i t t ing | M e m b e r | as t h e case m a y |
| be a n d every person so admi t ted shall be deemed | to be a pa r ty to t h e |
| reference. |
80. The par t ies to any such reference m a y a t any t i m e after
| p resen ta t ion of | t he | Pe t i t ion so referred | jo in t ly or | severally | w i thd raw |
| the i r suppor t or opposit ion | as t he case m a y be by wr i t t en | not ice | to |
| t h a t | effect | u n d e r the i r h a n d s | or unde r t he h a n d of | the i r agen t to | t h e |
Speaker and also to t he s i t t ing M e m b e r whose Elec t ion or r e t u r n has been complained of or h is agen t and also to t h e adverse par t ies or the i r agen t and in all such cases t h e par t ies so wi thd rawing shall be liable
| t o t h e p a y m e n t of all such costs and | expenses incur red by | any of t h e |
| adverse par t ies as t he Commit tee in i ts discret ion | shall deem reason |
| able and ju s t . |
8 1 . I t shal l be lawful for t h e Commit tee to de te rmine and
repor t to t h e Assembly upon all Pe t i t ions so referred a n d in all cases to award p a y m e n t of such costs or expenses incur red by any of the par t ies as t h e Commi t t ee in i ts discretion shal l deem reasonable and j u s t and to n a m e t h e par t ies in each case who shall be l iable for such p a y m e n t s and t h e par t ies (if any) to w h o m such p a y m e n t s are to be made .
82. W h e n e v e r no adverse p a r t y shall have been admi t t ed as
aforesaid and i t shal l appear to t he Commit tee t h a t t h e s i t t ing M e m b e r whose Elec t ion has been compla ined of or h is au thor ized agen t has been gu i l ty of vexat ious or co r rup t conduct in respect of t h e Elec t ion to which t h e Pe t i t i on relates such M e m b e r shall be liable for the pay m e n t of all such costs and expenses incur red by any of t he par t ies suppor t ing t h e Pe t i t i on as t he Commi t t ee in i ts discretion shall deem
reasonable and ju s t .
83 . W h e n e v e r it shall appear to t he Commit tee t h a t a Pe t i t ion
so referred to t h e m was frivolous or vexat ious or a l together groundless or not sufficiently sus ta ined by evidence i t shall be lawful for t h e said Commit tee to impose upon any of t h e par t ies suppor t ing t h e Pe t i t ion such pena l ty (not exceeding fifty pounds) as t he Commi t t ee shal l in the i r discret ion deem reasonable a n d j u s t and such penal ty shal l be pa id by any such par t ies n a m e d by t h e Commit tee to t h e Clerk of t he Assembly and m a y be recovered by the said Clerk in t h e same m a n n e r as all costs a n d expenses awarded by t h e Commi t t ee arc hereinaf ter directed to be recovered A n d the moneys so recovered shall after deduct ing costs and expenses necessary for t h e recovery thereof be pa id to the Colonial Treasurer for t h e publ ic uses of t h e Colony and in suppor t of t h e Governmen t thereof.
8-1. The said Commit tee shall u p o n appl icat ion m a d e to t h e m
deliver to any witnesses summoned before t he Commit tee or to any o ther person ent i t led u n d e r t he provisions of th is Ac t to costs a n d expenses or to t he Clerk of t h e Assembly in ease any pena l ty shall have been awarded a certificate thereof signed by t h e Cha i rman of the said Commit tee express ing t h e a m o u n t of t he costs and expenses
al lowed or of t he pena l ty awarded wi th t h e n a m e of t h e p a r t y l iable to pay t h e same and the n a m e of t he p a r t y ent i t led to receive t he same a n d such certificate shal l be conclusive evidence for all purposes what ever as well of t h e a m o u n t of t h e demand as of t he t i t l e of t h e p a r t y
the re in n a m e d in t h a t behalf to recover t h e same from the pa r ty
the re in s ta ted to be liable to t he p a y m e n t thereof.
85. The Speaker m a y by order u n d e r his h a n d direct t he pay
m e n t of t he said sum of one hund red pounds deposited according to
t h e provisions hereinbefore conta ined or a sufficient por t ion or propor
t iona te p a r t thereof to a n y pa r ty who by such certificate shall appear
to be ent i t led to recover costs and expenses or any pena l ty as againstt he person by w h o m such deposit was m a d e A n d the p a r t y ent i t led
to any such costs expenses or pena l ty unde r such certificate m a y recover t h e same or so m u c h thereof as shall no t be paid out of any such deposit from the p a r t y l iable to pay t h e same A n d if t h e p a r t y liable to pay such costs expenses or penal ty shall no t u p o n demand be ing made wi th in seven days thereafter pay t h e same the Speaker shal l by war ran t unde r his h a n d directed to t h e Sheriff of t h e said Colony command the said Sheriff to levy for t h e a m o u n t n a m e d in
such w a r r a n t upon t h e lands goods and chat te ls of t he p a r t y l iable to
pay t h e same and t he r eupon t h e said Sheriff shall for thwi th levy for
t he said a m o u n t and w h e n t h e same shal l be recovered pay over the same to the pa r ty ent i t led the re to A n d any person from w h o m the a m o u n t of such costs expenses or pena l ty shall have been recovered or who shal l have paid t h e same on demand thereof shal l be ent i t led to recover in any Cour t from t h e o ther persons (if such the re be) who are l iable to t h e p a y m e n t of t he same a p ropor t iona te share thereof
according to t h e n u m b e r of persons so l iable and according to t h e
ex ten t of t h e l iabil i ty of each person Provided t h a t in every case in
which the Commit tee of Elect ions and Qualifications shall finally
de te rmine and repor t to t he Assembly u p o n any such Pe t i t i on w i t h o u t
m a k i n g any award as to costs or expenses or impos ing a n v pena l ty
t he
t he Speaker shal l upon demand of t he depositor r e t u r n to h i m or Ids
4 7 . XOKTHrMBEItLAXD.
Embracing the north-eastern portion of the County of Northumberland and a southern portion of the County of Gloucester and bounded on the north from a point on the sea shore in a line with the north boundary of J . Smith 's 040 acres by tha t line Smith 's north boundary line the south boundary of Kenneth Snodgrass's 1,120 acres and the the east boundary of W. Russell's 1,155 acres to Pullerton Cove by Fnllerton Cove and the River Hunte r to the south-east corner of the Parish of Alnwick and by the south boundary of that parish to a point in line with the western boundary of Francis Moran's 2,400 acres grant thence on the west by a line bearing south-westerly to the Sugar Loaf Mountain and by the Sugar Loaf Range to the source of Dora Creek on the soutli by Dora Creek and a line easterly from its mouth through Lake Maequarie to the sea at Reid's Mistake and on east by the sea to a point in a line with Smith 's north boundary line aforesaid bu t excluding
therefrom the Electoral District of Newcastle. 48. O R A N G E . Embracing the southern portion of the County of Wellington and a north-western portion of the County of Bathurs t and bounded on the north by Curragurra Creek from its confluence with the Macquarie River to its source thence by a line to the source of Larras Lake and by Larras Lake to the Bell River thence on the west by the Nandillion Ponds upwards to the north-west corner of Joseph Taylor's 2,500 acres and by the western boundary of that land to the Molong Rivulet thence by that rivulet to the Boreenore Creek and by that creek to its head and thence by a lino southerly to the Conobolas thence by a line southerly to the source of the Panuara Rivulet and by that rivulet to the section line forming the north boundary of the Church and School Estate on the Belubula River on the south by that section line the north boundary of the Church and School Estate and the section line forming that boundary and dividing Smith 's and Simmons' lands from Orr 's 1,920 acres and a village reserve easterly to the range dividing the waters of the Belubula River from those of the Macquarie and on the east by that range to the range forming the eastern watershed of Lewis Ponds Creek and by that range to the junction of Lewis Ponds Creek with the Macquarie River and by that river downward to the confluence of Curragurra Creek aforesaid.
4 9 . P A D D I N G T O N .
P A D D I \ ( ! T O N — I n the County of Cumberland and bounded on the east from Double
Bay by the stream on the east side of the Village of Double Bay to William-street in that village by William-street eas te r ly to the South Head Road by the South Head
Road
Road westerly to Bay-street 1/y Bay-street southerly to Trafalgar Crescent by Trafalgar Crescent southerly to Wallis-street by Wallis-street westerly to Nelson-street and by Nelson-street southerly to the Old South Head Road on the south by that road westerly to the junction of the Point Piper Road thence by a line south-westerly to the south east corner of Charles Cordon's 2 acres and by the south boundary of that land to its south-west, corner thence by a line westerly to the south-east corner of the Victoria Barracks wall by the eastern northern and western wall,- of the Barracks to the south-wesi corner thereof and thence by a line westerly to Bowling-street at the junction of Fitz- roy-street on the west by part of the east boundary of the City of Sydney being Bowling- street norther ly to the Old South Head Road and the stream thence to Rushcutter 's Bay and on the north by the waters of Port Jackson to the stream ;.t the east side of Double Bay aforesaid.
SURRY HILLS AND REDFERN—In the County of Cumberland and bounded on the north by the south boundary of the City of Sydney being Cleveland-street westerly from Dowling-street to Botany-street on the west by Botany-street southerly the south boundary of the Chippendale Esta te westerly and the Botany Road southerly to the stream from the Waterloo Wool-washing Establishment m i the south by that stream the Waterloo Dam and the south boundary of the Mount Lachlan Esta te to the west boundary of the Sydney Water Reserve and on the east by that boundary and Dowling-street northerly to Cleveland-street aforesaid.
5 0 . P A R R A M A T T A .
Embracing the Town of Par ramat ta in the County of Cumberland and bounded on the east by a line from the Par ramat ta River at a point opposite to the mouth of Clay CliJf Creek bearing north 1 degree west 55 chains and 80 links and passing along the Orphan School Road to the north side of 1 he Kissing Point Road thence on the north by a line bearing west 18£ degrees north 124 chains and 40 links to the western side of the Windsor Road near the Darling .Mills Bridge on the west by lines bearing south 84 degrees west 21 chains and 50 links south 2-£ degrees west 75 chains and 70 links to a bridge over Domain Creek thence south 20 degrees east 4G chains and !)() links crossing the Western Road and south 21.J- degrees east 40 chains and 50 links on the south by lines bearing east 10^ degrees north 40 chains crossing the Sydney Road and east 2 8 1 degrees north 50 chains and again on the east by a watercourse to Clay Cliff Creek and by that creek to the Parramat ta River aforesaid.
5 1 . T H E P A T E R S O N .
| Embracing a midland and northern portion of the County of Durham and bounded on the north by the range at the head of the Allyn and Paterson Rivers on the west by the Mount Royal Range and the range dividing the waters of Glendon Brook from those of the Paterson River to a point in a line with the eastern boundary of Gaggin's 2,000 acres grant, on the River Hunter and by that line and the eastern boundary of Gaggin's land to the north-west corner of Underwood's 1,500 acres grant on the south by the north boundary of that land the west and north boundaries of J . Mitchell 's 880 acres the west and south boundaries of Lamb's 2,500 acres and the north boundary of W. C. Wentworth 's 1,084 acres to its north-east corner thence by a line south-easterly across Government land and the Church grant to the north-west, corner of Nowland's land and by the north boun dary of that land and the south boundary of J . P . Webber's 2,020 acres and crossing the Paterson River to the south-west corner of W . Dunn's 1,300 acres grant by the south boundary line of that grant to its south-east corner by a line thence easterly to the south west corner of Hugh Torrens' 2,000 acres and thence by the south boundary of that land | to the range dividing the waters of the Allyn and Paterson Rivers from those of the | Williams River and on the east by that range northerly to the range at the head of the |
| Allyn and Paterson Rivers aforesaid. |
5 2 . P A T R I C K ' S P L A I N S .
Embracing a southern portion of the County of Durham the north-eastern portion of the County of Hun te r and the north-western portion of the County of Northumberland and bounded on the north by the range from the Mount Royal Range westerly dividing the waters of the Rouchel Brook Saint Hillier 's Brook and Muswellbrook from those of Fal- brook Foybrook and the Salt Wate r Creek on the west by that range and the section line forming the eastern boundaries of .Macartney's Pringle's Robertson's and Sharpe's lands and the western boundary of the Je r ry ' s Plains Reserve to the south-west corner of that, reserve and thence by the range dividing the waters of Parson's Creek and the Wollombi Brook from those of Doyle's Creek on the south by the range dividing the waters of the Macdonald River from those of Parson's Creek the range dividing the waters of Werong and Drew's Creek and a spur range to the Wollombi Brook and thence by a spur range and the range forming the northern watershed of Culawine and Cedar Creeks to the Broken Back Mountain and on the east by a line north-easterly to the western source of Black Creel; by tha t creek to the River Hun te r and by the lliver Hunter downward to the south-east corner of Gaggin's 2,000 acres grant thence by the eastern boundary of that grant and its continuation northerly to the range dividing the waters of Glendon Brook from those of the Paterson River by that range northerly to the Mount Royal Range and by that range aforesaid.
5 i — V O L . 4 . 5 3 . 5 3 . QTJEANBEYAN.
Embracing tlie greater portion of the County of Murray and part of the Murrum bidgee Pastoral District bounded on the north from Wollowolar Mountain by the ridge north-westerly to Alianoyonyiga Mountain and thence by a small gully to Lake George at the village reserve at Kenny 's thence by the northern margin of Lake George and by Cullarin l lange to the source of Gundaroo Creek and by tha t creek to its confluence with the Yass ll iver thence by a line bearing south-west to the range connected with the One- tree Hil l and by that range to One-tree Hill and thence by a line bearing west to the Mur rumbidgee l l iver thence by that river downwards to the spur range which commences on the left bank of the Murrumbidgee about (•£) half a mile below Yeumbera (and which forms the boundary between the Yeumbera and Cavan Runs) then by that range unt i l it joins the range between the Murrumbidgee and Cavan Mountain Creek on the west by the last- named range unt i l i t joins the range between the Murrumbidgee and Goodradigbee Rivers by the last-named range unti l the spur branches which divides the waters falling into the Flea Creek from those going into the Goodradigbee above the Flea Creek and by tha t range to its termination at the confluence of the Flea Creek with the Goodradigbee River thence by the spur range which commences immediately opposite the said confluence and leads to the main dividing range b••tween the Goodradigbee and T u m u t Rivers thence by that range and the range dividing the falls going direct to the Murrumbidgee from those going to the Goodradigbee Cotter and Gudjanby Rivers and Neece Valley Creek to Mount Clear thence on the south by a t r ibutary of Gap Creek and by tha t creek to the Murrumbidgee and by that river downward to the confluence of Micaligo Creek by tha t creek to its head at the Tindcrry Pics thence by a lino to the head of Tinderry Creek by tha t creek to the Quean- beyan ll iver and by that river to its head near Mount Tumanwong and on the east by the Gourock Range to the Wollowolar Mountain aforesaid.
5 4 . S T . L E O N A R D S .
Embracing the north-eastern portion of the County of Cumberland and bounded on the north by the Hawkesbury River from the sea at Broken Bay to Cowan Creek on the west by the west boundaries of the Parishes of Broken Bay Gordon and Hunte r ' s Hil l to the Par ramat ta River at Pennant Hills Wharf on the south by the Par ramat ta River and Port Jackson to the sea and on the east by the sea to Broken Bay aforesaid.
5 5 . S H O A L H A V E N .
Embracing the south-eastern portion of the County of Camden and the northern portion of the County of St . Vincent and bounded on the north by the Crooked ll iver and a line due west from the head of that river to Kangaroo River by the Kangaroo River to the Shoalhaven l l iver and by that river upwards on the west by the Shoalhaven River to the confluence of the Endrick River on the south by the range forming the northern water shed of that river the range dividing the Shoalhaven and coast waters the Pigeon House Range and the range dividing the Clyde River and coast waters southerly to the Duras Water and by the Duras Water to the sea about 2 miles south of Point Upright and on the east by the sea to the Crooked River aforesaid.
5 6 . E A S T S Y D N E Y .
Embracing the eastern portion of the City of Sydney and bounded on the west
from the landing place at Dawes' Bat tery Poin t by the; road thence to George-street and byGeorge-street southerly to Liverpool-street by Liverpool-street easterly to Elizabeth-
street easterly to Dow ling-street on the east by Dowling-street northerly to its intersection street and by Elizabeth-street southerly to Cleveland-street on the south by Cleveland- with the Upper South Head lload and thence by the stream falling into Rushcut ter 's Bay to tha t bay and on the north by the waters of Po r t Jackson to Dawes' Bat tery Point aforesaid.
5 7 . W E S T S Y D N E Y .
Embracing the western portion of the City of Sydney and a small portion beyond the western boundary of the City and beiunded on the east from the landing place at Dawes' Bat tery Point by the road thence to George-street and by George-street southerly to Liverpool-street by Liverpool-street easterly to Elizabeth-street and by Elizabeth-street southerly to Cleveland-street on the south by Cleveland-street westerly and by its extension to the Newtown Road on the west by the Newtown Road northerly to Parramatta-street and thence by Bay-street to Blackwattle Swamp Cove and by tha t cove and on the north by the waters of Por t Jackson to Dawes' Bat tery Point aforesaid.
5 8 . T E N T E R F I E L D .
Embracing the northern portion of the Pastoral District of New England and a small portion of that of Darl ing Downs and bounded on the north from the Great Dividing Range by a line bearing west to the point where the Darl ing Downs Road crosses Quart- pot Creek thence by a line bearing north-west to the range dividing the waters of the Dumarcsq l l iver (known also as the Severn) from those of the M'Intyre Brook and by that range westerly to a point due north of the north-west corner of the New England
District
District on the west by a line to the said corner and by the western boundary of the N e w England D i s t r i c t b e i n g the western extreme of the table and to the Bundarra or Gwydir River and by that river upward to the confluence of Tienga Creek thence on the south by the northern watershed of Tienga Creek the range dividing the waters of tha t creek and Cope's Creek and the range dividing the waters of the M'In tyre and Gwydir Rivers to Ben Lomond and thence by the range forming the southern watershed of the Clarence River to the cast boundary of the New England District on the east by that boundary northerly being a line north from Mount Wcrrikimbe to a point east of the Bolivia Range by a line west to a point south of the point on the (nor thern) Rocky River about 5 miles east of Erocester where the banks close in abruptly and by a line north crossing the Rocky River at tha t point to the Great Dividing Range and agaiu on the north by that range south-westerly to the point east of the crossing place of the Darling Downs Road over Quart-pot Creek aforesaid.
5 9 . T U B T U M U T .
Embracing part of the Pastoral District of Murrumbidgee and bounded on the north from the confluence of Jeremiah Creek by the Murrumbidgee River downward to a point opposite to the spur range at the lower end of Jones ' F la t which forms the boundary between I Ellas' Yabtree Run and Gordon's Borambola Run on the west by that spur range to the range dividing the waters of the Tarcatta and Yaven Yaven Creeks and by that range southerly unt i l the spur branches which leads over Bago Hil l and terminates in the Tarcatta Creek about 1 mile below the Bago Inn then crossing Tarcat ta Creek and immediately ascending the spur range which joins the range dividing the waters of the Murray and Murrumbidgee Rivers on the south by tha t range easterly to the Great Dividing Range and on the east by the Great Dividing Range northerly the range dividing the waters of the Tumut and Goodradigbee Rivers the range dividing the waters of Adjungbilly Creek from those of the Goodradigbee River and Maepherson's Swamp and the spur range forming the eastern watershed of Jeremiah Creek to the confluence of tha t creek with the Murrumbidgee River aforesaid.
6 0 . W E L L I N G T O N .
Embracing the north-western and midland portions of the County of Wellington the southern portion of the County of Bligh a portion formerly in the Pastoral District of Bligh which is now within the Settled Districts and a portion of the Pastoral District of Wellington and bounded on the north from Wialdrar Creek near its confluence with the Cudgegong River by a road north-westerly from Guntawang to Cobbora to the range forming the western boundary of the County of Bligh by that range which part ly divides the waters of the Talbragar and Macquarie Rivers south-westerly to within 10 miles of the Town of Wellington and by the boundary of the Settled Districts (being a curved line including all lands within 10 miles from any point of the outward limits of the said town) westerly on the west by that boundary of the Settled Districts southerly to the Cou- tombal Mountains and by the range thence forming the western watershed of the Bell River southerly to the Canobola Mountains thence on the east by the Borccnore Creek to the Molong Bivulet by tha t rivulet upwards to the west boundary of Joseph Taylor's 2,560 acres by that boundary northerly to the Nandillion Ponds and by those ponds down wards to the confluence of Larra 's Lake on the south by Larra 's Lake to its head by a line to the head of Currugurra ('reek by tha t creek to the Macquarie River by tha t river upward to the confluence of the Turon River and by that river upward to the confluence of Cunningham's Creek again on the east by Cunningham's Creek upward and by a tr ibutary which rises nearly south of the head of Cudgegong Creek to the range dividing the waters of the Cudgegong and Macquarie Rivers again on the north by tha t range which forms the
| southern watershed of the Meroo Creek to the confluence of the Meroo Creek with the | Cudgegong River and again on the east by the Cudgegong River upward to Wialdrar Creek |
| and by that creek to the road from Guntawang to Cobbora aforesaid. |
( i l . T H E W I L L I A M S .
Embracing the north-eastern portion of the County of Durham and the north-western and midland portions of the County of Gloucester and bounded on the north from the sea coast at the entrance to Wallis Lake about 4 miles north-westerly from Cape Hawko by Wall is Lake to the mouth of the Wollomba River by that river to an eastern boundary line of the Australian Agricul tural Company's grant of 464,640 acres and by that boundary bearing north to the corner of that grant near Millstone Hi l l thence by a line bearing north westerly to the confluence of the Gloucester River witli the Manning River and by the Manning River to its source on the west by the range dividing the waters of the H u n t e r and Manning Rivers and the range dividing the waters of the Allyn and Paterson Rivers from those of the Will iams River to the southern boundary of Hugh Torrens' 2,000 acres on the south by that boundary to the point where it is intersected by the northerly con tinuation of the eastern boundary line of Thomas Bartie 's 2,560 acres thence by that continuation to the south-west corner of W . H . Holmes' 320 acres thence by the south boundaries of that land and D. C. Orpen's 320 acres the north boundary of A. Fishei 's 1,500 acres its easterly continuation and the south boundary of Whitmore 's 100 acres to the Williams River thence by that river and the south and eastern boundaries of Lowe and Marshall 's 640 acres to the road from Clarence Town to Sawyer's Point by tha t road easterly to Sawyer's Point Por t Stephens and by Por t Stephens to the sea and on the cast by the sea to the entrance to Wall is Lake aforesaid..
62. W I N D S O R .
WINDSOR—Embracing the Town of Windsor in the County of Cumberland com mencing at the point where the western side of Palmer-street meets South Creek and bounded thence by South Creek to a stake situated on the bank of the creek in Fitzgerald's farm from this stake by a line bearing west 91 chains to another stake from this by a lino passing the north fence of land belonging to the Benevolent Asylum bearing west 34 degrees north 52 chains 80 links to a marked dead s tump on Bickaby's Creek from this stump by Rickaby's Creek to the Hawkesbury River by the Hawkesbury River to the point where the western side of Palmer-street meets tha t river and thence by the western side of Palmer-street to South Creek aforesaid.
RICHMOND—Embracing the Town of Richmond in the County of Cumberland com mencing at a marked post at the south-west corner of William Townsend's land from thence along Wilson's fence to the southern corner post being a line bearing south 27 degrees west 12 chains 12 l inks from thence a line to the south-east corner of the Catholic Burial Ground allotment bearing south 35 degrees 3 minutes west 29 chains 10 links from thence to the north-east corner post of the fence of Lut t re l l ' s 400 acres being a line bearing south 62 degrees !) minutes west 19 chains 66 links from thence along the fence dividing it from the road to Penritli being a line bearing south 38 degrees 20 minutes west 55 chains 27 links from thence along the fence dividing i t from the common to the corner post on the south side of the rand to the Kurrajonn being a line bearing west 40 degrees north 81 chains 75 l inks from thence a line crossing the road and along a fence as far as it goes and then a continuous line to a stake on the west side of Pugh 's Lagoon bearing north 38 degrees 10 minutes east 76 chains 30 links from thence a line across the lagoon to the commencing corner post bearing east 16 degrees south S6 chains 70 links.
63. W O L L O M B I .
Embracing the midland and south-eastern portions of the County of Northumberland and bounded on the north by a line from Reid's Mistake at the entrance to Lake Macquarie through Lake Macquarie westerly to Bora Creek by Dora Creek to the range dividing the waters of Wollombi Brook from those of Lake Macquarie and by that range northerly the Broken Back Range westerly the range forming the northern watershed of Culawine and Cedar Creeks and a spur range to the Wollombi Brook and thence by a spur range and the range dividing the waters of Werong and Drew's Creeks to the range dividing the waters of Wollombi Brook and the Macdonald River on the west by the range dividing the waters of Wollombi Brook and the Macdonald River to Mount M'Quoid and thence by the North Road southerly to the Hawkesbury River at Wiseman's Fer ry on the south by the Hawkes bury River to the sea and on the oast by the sea to Reid's Mistake aforesaid.
64. YASS P L A I N S .
Embracing a southern portion of the County of K ing a northern portion of the County of Murray and portions of the Pastoral Districts of Murrumbidgee and Lachlan and bounded on part of the west by the range forming the eastern watershed of Jeremiah Creek commencing a t the confluence of that creek with the Murrumbidgee River unt i l it joins the range between the Goodradigbee and Tumut Rivers and by that range to the point where the spur branches from it which terminates on the Goodradigbee exactly opposite the con fluence of Flea Creek on the south by that spur to the Goodradigbee River thence by the leading range between Flea Creek and the waters falling into the Goodradigbee above t h a t
creek unti l tha t range joins the dividing range between the Goodradigbee and Cotter Rivers on the east by that range northerly unt i l it reaches the sources of Cavan Mountain Creek thence by the dividing range between Cavan Mountain Creek and the Murrumbidgee un t i l the spur range branches which terminates on the Murrumbidgee abemt half a mile below Yeumbera House (and which forms the boundary between the Cavan and Yeumbera Runs ) by tha t spur to the Murrumbidgee and by the Murrumbidgee upwards to a point due west of One-tree Hill thence on the south by a direct line to tha t hill thence by a range northerly about 3 miles thence by a mile north-easterly to the confluence of Gundaroo Creek with the Yass River and by that creek to its source at the foot of the Cullarin Range again on the east by tha t range and the Great Dividing Range to the source of Crookwell River thence on the north by that river to the Lachlan River thence, again on the west by the Lachlan upwards to the confluence of Old Man Creek at Wallah Wallah thence by tha t creek to its head in the range dividing the waters of the Boorowa and Lachlan Rivers and thence by tha t range southerly again on the north by the southern watershed of Pudman's Creek and the range dividing the waters of Kiangaroo and Laing's Creeks to a point on the Boorowa River one mile below the north-west corner of N. R. Besnard's 326 acres thence on the remainder of the west by the Boorowa River upwards to the confluence of Hassall 's Creek then by Hassall 's Creek tei i ts source in the range dividing the waters of the Yass River and Jugiong Creek then by that range southerly to the point where the spur branches which terminates on the Murrunibidgee at the confluence of the Yass River by that spur to the said confluence and thence by the Murrumbidgee River downwards to the confluence of Jeremiah Creek aforesaid.
S C H E D U L E
S C H E D U L E B.
MEMORANDUM :—
The within named has this day of 18 voted at
the Election for the Electoral District of Gold Fields South (or West—or North . )
(Signed)
Returning Officer for the said District.
S C H E D U L E C.
Declaration to be made by Returning Officer (or other Officer under thin Act.~)
| I | do hereby declare that I accept the office of Returning Officer (or other |
office as the case may be) for the Electoral District of and I do hereby promise and declare tha t 1 will faithfully perform the duties of my office to the best of my understanding and ability and that I will not a t tempt to ascertain for whom any Elector shall vote and that I will not by any word or action directly or indirectly aid in the discovery of the same And that 1 will keep secret all knowledge of the mode in which any Elector has voted which I may obtain in the exercise of my office unless in answer to any question which I am legally bound to answer.
Declared before me this day of 1 8 5 Justice of the Peace.
S C H E D U L E D.
L I S T of persons qualified to vote for the Election of Members of the Legislative Assembly
in the year 1 8 for the Electoral District of within that portion thereof for which I act as Collector.
A. B .
Collector for
| Dated this | day of |
Where Situate or how
| Christian and Surname. | Residence. | Qualification. | Arising. |
S C H E D U L E E .
Notice of objection to be given to Clerk of Petty Sessions.
| To the Clerk of Pe t t y Sessions of | in the Electoral District of |
I hereby give you notice that I object to the, name of being
retained on the Electoral List for the Electoral District of
Dated the day of 1 8 5 .
(Signed) A. B. S C H E D U L E
S C H E D U L E E.
List of Persons claiming to be published by Clerks of Petty Sessions.
THE following persons have claimed to have their names inserted in the Electoral List
for the Electoral District of
Where Situate or
Christian and Surname. Residence. Qualification Claimed.
i Arising. i
S C H E D U L E G.
List of Persons objected to to be published by the Clerks of Petty Sessions.
THE following persons have been objected to as not being entitled to have their names
retained on the Electoral List for the Electoral District of
Christian and Where Situate or {
Residence. Qualification Claimed.
Surname. Arising. i
S C H E D U L E H . Balloting Paper.
Electoral District of
Poll ing Day the day of 18 Names of Candidates.
S C H E D U L E I.
Declaration to be made by Scrutineers. 1 a Scrutineer appointed by a Candidate for Election in and for the Electoral District of do hereby solemnly declare that I will faithfully assist at such Election and that I will not a t tempt to ascertain for whom any Elector shall vote and that I will not by any word or action directly or indirectly aid in the discovery of the same And tha t I will keep secret all knowledge of the mode in which any Elector has voted which I may obtain in the exercise of my office unless in answer to any question which I am legally bound to answer.
Declared before me this day of 18
Return ing Officer or Presiding Officer
S C H E D U L E
S C H E D U L E K.
Declaration against Bribery.
I (A. B.) do solemnly declare tha t I have not received or had by myself or any person whatsoever in t rus t for me or for my vise and benefit or for the use and benefit of any member of my family or kindred or any friend or dependent directly or indirectly any sum or sums of money office place of emolument gift or reward or any promise or security for any money office employment or gift by way of consideration either expressed implied or understood for giving my vote at this Election.
S C H E D U L E L. Declaration by Collectors.
I do hereby solemnly declare tha t having accepted the employment of
a Collector for the Police District of I will faithfully perform the duties of that employment to the best of my knowledge and ability according to the provisions of the Electoral Act of 1858—and I will not iusert in any List the name of any person whom I shall know or believe not to be qualified by the said Act to vote or to be disqualified from voting as an Elector in the said District nor will I omit from any such List the name of any person whom I shall know or believe to be so qualified and entitled to vote under the said Act within such District.
Declared before me this day of 18 Just ice of the Peace.
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